Predicting FinCEN or MTB prosecutions that have a connection to bitcoin is like predicting the sun will rise in the east, you're bound to be right eventually. I've been hearing these rumors for 2+ years now. It's never been a matter of if, but when. Maybe it's soon, maybe not. I know for certain that there is action bubbling up from the States and it's not all bitcoin related.

Part of the Foundation's mission is to protect bitcoin, and that's why we have taken FinCEN's guidance very seriously from the beginning. It's why I spend time interfacing with bank and financial crimes associations to educate them about bitcoin. We are ready, willing and able to work toward educating FinCEN, or if necessary to challenge FinCEN in court.

As I pointed out here: https://bitcoinfoundation.org/blog/?p=152 the guidelines are clear as mud and if FinCEN tried to rely on the guidelines for a prosecution they would very likely face an APA challenge, possibly from me.

In the meantime, it behooves anyone who wants to build or operate an exchange service to discuss these issues with a lawyer. I have a broad network of attorneys (from Top 100 law firms to solo-practitioners) that have experience with these issues and understand bitcoin. I'm happy to continue making connections for anyone in the community, just drop me a line: patrick (at) bitcoinfoundation.org.